Moon Stone Apartment Owners ... vs Corporation Of Cochin
2023 Latest Caselaw 5582 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
   FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                     WP(C) NO. 15346 OF 2023
PETITIONER/S:

            MOON STONE APARTMENT OWNERS ASSOCIATION
            PALARIVATTOM, THAMMANAM ROAD, ERNAKULAM.
            REPRESENTED BY ITS SECRETARY MR.DAVID BERTRAND
            PEREIRA, AGED 57 YEARS, S/O.MATHEW PEREIRA,
            RESIDING AT 5 D MOONSTONE APARTMENT, THAMMANAM
            ROAD, PALARIVATTOM, KOCHI-682025., PIN - 682025
            BY ADV PRINSUN PHILIP


RESPONDENT/S:

    1       CORPORATION OF COCHIN
            OFFICE OF THE CORPORATION OF COCHIN, P.B.NO.
            1016, COCHIN, REPRENTED BY SECRETARY, PIN -
            682011
    2       THE ASSISTANT EXECUTIVE ENGINEER
            OFFICE OF THE CORPORATION OF COCHIN, EDAPALLY
            ZONE, KOCHI, PIN - 682011.
            BY ADVS.
            K.JANARDHANA SHENOY
            R.HARISHANKAR
            SRI.JANARDHANA SHENOY, SC

     THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   12.05.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 15346/2023

                                  2




              SHOBA ANNAMMA EAPEN, J.
                ------------------------------------
                 WP(C) No.15346 of 2023
               -------------------------------------
           Dated this the 12th day of May, 2023


                         JUDGMENT

The petitioner, Moon Stone Apartment Owners

Association, seeks to challenge Ext.P1 notice dated

24.3.2023 issued by the 2nd respondent directing to

implement sewage treatment plant within 10 days of

the receipt of the notice and to produce

certificate from the Pollution Control Board, in

order to get rid of cancellation of the occupancy

certificate issued to the petitioner apartment.

2. Ext.P1 notice has been issued on the basis

of the order of the National Green Tribunal in OA

Nos.27 and 147 of 2021.

3. When the matter is taken up, the learned

Standing Counsel for the Corporation submits that WPC 15346/2023

the Corporation is ready to give three months time

for the petitioner to comply with Ext.P1 notice and

that they shall not take any coercive steps against

the petitioner as stated in Ext.P1 for a period of

four months.

The aforesaid submissions of the learned

Standing Counsel for the Corporation are recorded

and the writ petition is accordingly closed.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE jg WPC 15346/2023

APPENDIX OF WP(C) 15346/2023

PETITIONER EXHIBITS Exhibit P1 COPY OF THE NOTICE DATED 24.3.2023 ISSUED BY THE SECOND RESPONDENT Exhibit P2 TRUE COPY OF THE MINUTES OF THE PETITIONER'S ASSOCIATION DATED. 25.03.2023 Exhibit P3 TRUE COPY OF THE REPLY LETTER DATED 03.04.2023 SUBMITTED BY THE PETITIONER ALONG WITH RECEIPT BEFORE THE SECOND RESPONDENT